King's Counsel 2022

Barbara Relph*

The appointment of ten new King's Counsel is a welcome opportunity for everyone at the Bar to celebrate. This year, we experienced the sad but expected change from Queen's Counsel to King's Counsel. But the rank itself retains the qualities that have been promoted over the years. We outline the criteria for King's Counsel.

In 2022, 88 candidates applied to become Queen’s Counsel. At the end of the process, 10 were successful. But they will not be Queen’s Counsel. They will receive letters patent as King’s Counsel, the first time our Governor-General will make these appointments in the name of a King in 70 years.

The wording of the letters patent may seem arcane:

To [Name], Barrister of [Location], Greetings! We, confiding in your knowledge, experience, prudence, ability, and integrity, do nominate, constitute, and appoint you ... to be one of Our Counsel learned in the Law for New Zealand for and during Our pleasure, to take rank... and you are to discharge the trust hereby reposed in you to the best of your knowledge and ability, with due respect to the law and usages of New Zealand, mindful always of your obligations to the court.”

However, this language, together with the appointment criteria, sets the tone for what is expected of Silks. The Queen’s Counsel – Guidelines for Candidates 2022 specify the criteria for the recommendation of candidates and say that they “… reflect the position of the office as the top echelon of barristers in New Zealand.” These factors include the overarching requirement for excellence, which requires considerable length and depth of experience. Added to this are expert and up to date knowledge of the law, a commitment to improving access to justice, superior skill in oral and/or written advocacy, independence in devoting themselves to their clients’ interests, integrity and honesty in all dealings, and leadership in setting and maintaining the standards of the profession.

It is a tall order, but our new King’s Counsel have many examples that they can follow, both present and past. And on that note, we thank those who have left the profession. Ian Millard KC retired in June and is looking forward to a well-deserved change. All the best, Ian.

Sadly, Sir Ian Barker KC died this year. While Sir Ian had retired in 2019, this could best be viewed as a part-time retirement, and he remained involved in the legal profession. And very recently, we farewelled the Hon. John Fogarty, much to the sadness of many at the bar. An obituary for Sir Ian appears on p19 of this issue and a tribute to Justice Fogarty from the Chief Justice is on p21.

The Bar Association warmly congratulates the new Silks and wishes them the best as they undertake the duties and responsibilities of their rank.

Andrew Butler

Andrew Butler, Wellington

Andrew Butler graduated BCL (First Class Honours) from University College Dublin in 1989 and LLM from Osgoode Hall Law School, Toronto, in 1991. He was admitted to the bar in New Zealand in 1994 and began independent practice while also teaching at Victoria University of Wellington. In 1999 he joined the Crown Law Office as Crown Counsel in the Human Rights Team.

He graduated from the European University Institute, Florence with his PhD in 2002. In 2005 Andrew joined Russell McVeagh’s Wellington litigation team, becoming a partner in 2007. In 2018 Andrew re-commenced practice as a barrister at Thorndon Chambers and is also a member of Mills Lane Chambers, Auckland. Andrew’s practice is broad, spanning commercial law, tax, governance (corporate and public entity), trusts, public regulatory, administrative law and human rights. He acted as Counsel Assisting the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain.

Andrew edits and has authored significant legal texts, articles and journals in his specialist areas. Most recently with Sir Geoffrey Palmer KC he proposed that New Zealand adopt a written constitution: Towards Democratic Renewal (Wellington, VUP, 2018). Andrew is Chair of the New Zealand Law Foundation and a member and convener of the New Zealand Law Society’s Human Rights and Privacy Committee.

Bronwyn Carruthers

Bronwyn Carruthers, Auckland

Graduating LLB(Hons) and BSc (Environmental Science) from the University of Waikato, Bronwyn Carruthers was admitted in 2000. She specialises in environmental, resource management and local government. She started her career at Simpson Grierson, joined the Russell McVeagh partnership in 2011 then Shortland Chambers in 2018.

Bronwyn acts for a broad range of clients across the country, with experience at all levels of the justice system. She is also the convenor of the Environmental Law Committee of the NZLS and editor of the Resource Management Law Association’s Journal.

Nick Chisnall

Nicholas Chisnall, Auckland

Nicholas (Nick) Chisnall holds a BA (History) and LLB from Victoria University and was admitted to the bar in 1999. Initially embarking on a career in commercial, property and employment law at Gibson Sheat Lawyers, he soon changed career direction to criminal law.

Nick joined the Police Prosecution Service in 2003, becoming a senior Crown Prosecutor in 2004 and joining Crown Law in 2008 where he became Crown Counsel. A move to the Public Defence Service in 2011 saw Nick appointed General Counsel in 2013, where he oversaw the Service’s appellate practice in the Court of Appeal and Supreme Court.

In 2017, Nick joined Blackstone Chambers as a barrister, specialising in criminal law, employment law and professional disciplinary proceedings. He has conducted many high-profile appellate proceedings and contributed extensively to criminal law publications.

Nick was appointed a Deputy Chair of the Teachers’ Disciplinary Tribunal in 2016 and is the Co-Chair of Te Matakahi | Defence Lawyers Association New Zealand and a member of the NZLS Criminal Law Committee.

Dr David Cooper

Dr David Cooper, Auckland

David Cooper graduated from the University of Auckland in 1991 with an LLB(Hons) and was admitted to the Bar later that year. He joined Bell Gully’s litigation department before continuing his studies at the University of Cambridge, graduating with a PhD in law in 1996. During this time, he spent a year teaching at the University of Chicago Law School as a Bigelow Teaching Fellow.

David returned to Bell Gully and was a litigation partner for 14 years until he commenced practice as a barrister at Shortland Chambers in 2017. An experienced trial and appellate advocate, David appears in the courts at all levels, in arbitrations and before specialist tribunals. His litigation practice focuses on complex contractual disputes, company and securities law, takeovers, competition law, regulatory investigations, class actions, construction and insurance.

David is a co-author of Corporate Law in New Zealand and a Convenor of a Law Society Standards Committee.

Tiffany Cooper

Tiffany Cooper, Auckland

Tiffany Cooper KC was admitted to the bar in 1999. Starting her career practising commercial and civil law, she has been a litigator since 2004 when she began work at Hamilton Crown Solicitor Almao Douch, followed by a move to Meredith Connell in 2005 where she was a Senior Associate before joining the independent bar in 2014.

Tiffany’s practice now primarily consists of criminal defence work. She specialises in sexual assault cases and represents clients in all criminal matters including drugs, fraud and homicide.

Tiffany is legal aid approved for all categories in criminal proceedings, including matters in the Court of Appeal and Supreme Court, and has experience representing clients before the Parole Board and at coronial inquiries. She regularly represents clients in appeals against conviction and sentence.

Catherine Cull

Catherine Cull, Northland

Catherine Cull graduated LLB(Hons) from Auckland University and was admitted to the bar in 1985, joining Meredith Connell. In 1988 she moved into legal education at the Institute of Professional Legal Studies. Joining the Christchurch Crown Solicitor’s office Raymond Donnelly & Co, her practice comprised criminal and family law.

Appointed to Christchurch Counsel for Child list in 1990, Catherine joined the independent bar, practising from Clarendon Chambers and later expanding her experience working as Investigating Officer of South Island Prisons in the Office of the Ombudsman.

Catherine moved to Northland and re-joined the independent bar in 2001, where she has a front-line law practice in Kaikohe. Making significant contributions to legal education throughout her career, she was appointed a Youth Advocate for Kaikohe and Kaitaia in 2004, Legal Services Agency Auditor in 2016 and to the Northland Crown Prosecution Panel in 2021.

With extensive experience in criminal jury trials for both defence and prosecution, Catherine’s passion is “crossover court”, to her knowledge currently only available in Northland and Auckland. Crossover court addresses the care and protection needs of young people who find themselves in trouble as well as addressing their legal needs.

Jason Goodall

Jason Goodall, Auckland

Jason Goodall graduated from the University of Auckland with an LLB(Hons) in 2003, having previously obtained a commerce degree in finance. From 2003, he was the Judge’s Clerk to Justice Blanchard in the Court of Appeal. He was admitted to the bar in 2004 and joined Russell McVeagh’s litigation department. During this time, he guestlectured civil procedure and co-lectured civil remedies at Victoria University of Wellington.

In 2008, he joined Slaughter and May in London as a senior associate in the litigation department, returning to New Zealand in 2010 to join the independent bar at Bankside Chambers, practising in commercial litigation. Jason has a long history of acting pro bono and working with community law centres and is a member of the Pacific Lawyers’ Association and Restructuring Insolvency & Turnaround Association of New Zealand.

Jason is co-editor of Hinde McMorland & Sim Land Law in New Zealand and Principles of Real Property Law, and author of Hinde on Commercial Leases. His practice focuses on banking and insurance litigation, insolvency, professional negligence, trust and property disputes, and class actions.

Stephanie Grieve

Stephanie Grieve, Christchurch

Stephanie Grieve graduated with a BA LLB(Hons) in 1997 and was admitted to the bar the same year. She joined Christopher Caldwell Chambers as a barrister, acting as junior counsel in civil and criminal matters.

Moving to Europe in 1999, she acted as a Common Law Advisor in Paris for the defence team in a matter before the International Criminal Tribunal for the former Yugoslavia, then as a Legal Advisor at Chase Manhattan Bank in London and as Legal Counsel at UPC in Amsterdam.

On her return to New Zealand in 2002, Stephanie joined Anderson Lloyd Lawyers becoming a partner in 2005. In 2011 she joined the partnership at Duncan Cotterill, co-leading the litigation team in Christchurch before joining the independent bar in 2018.

Now practising at Plymouth Chambers, Stephanie acts in civil, regulatory and disciplinary trials and coronial inquests. She assisted in the establishment of the Christchurch branch of the Mothers’ project in which volunteer lawyers assist women prisoners with issues relating to their children.

She has acted on a pro bono basis in a number of earthquake and contractual claims and is also involved in regular advocacy coaching and training initiatives.

Simon Mitchell

Simon Mitchell, Auckland

Simon Mitchell graduated in 1990 from Auckland University and was admitted to the bar in 1991. He has worked as a litigation lawyer since 1990 specialising in family and employment law. Simon regularly appears in the Family Court and all employment institutions, from the Mediation Service to the Court of Appeal.

Joining the independent bar in 2005, Simon practices out of Hobson Chambers in Auckland. He enjoys the challenge of assisting clients through difficult transitions and has acted for children in the Family Court for 20 years, frequently working in areas of domestic violence, care of children and property disputes. With strong litigation skills, Simon negotiates settlements where possible, acting for workers, employers and unions.

Simon regularly appears in the Family Court and on appeals from Family Court proceedings, and in all of the employment institutions including the Mediation Service, Employment Relations Authority, Employment Court and Court of Appeal.

He frequently presents at NZLS seminars and conferences in his specialist areas of practice.

Lisa Preston

Lisa Preston, Christchurch

Lisa Preston graduated from Victoria University BA LLB(Hons) in 1992 and was admitted to the bar later that year. She commenced practice in Bell Gully’s commercial litigation team before joining Luke Cunningham & Clere, the office of the Crown Solicitor, Wellington, in 1994. After practising commercial litigation in the UK, Lisa resumed practice as a Senior Crown Prosecutor in 2003. In 2011 she was Crown Counsel in the Crown Law Office, conducting criminal case appeals in the senior courts.

Joining the independent bar in 2014, Lisa specialises in in criminal, medico-legal, professional disciplinary and regulatory law, as trial and appellate counsel. She joined Bridgeside Chambers in 2021, is a member of Te Kāhui Tātari Ture | Criminal Cases Review Commission independent legal counsel panel, conducting application reviews and a member of the Solicitor-General’s Senior Crown Prosecutors panel. She is regularly appointed Amicus Curiae including in the senior courts.

She serves on the New Zealand Law Society Criminal Law Committee, has guest lectured at the Otago University Faculty of Law and conducted residential advocacy training courses for the NZLS and police and departmental prosecutors at the National Police College.

* Barbara Relph is a freelance writer and proof-reader –www.barbararelph.com